Deed Restrictions

In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.

The traditional phrase ''signed, sealed and delivered'' refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or ''specialty''; in the United States, a specialty is enforceable without consideration. In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity. Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises.

Requirements

At common law, to be valid and enforceable, a deed must meet several requirements:
* It must state on its face that it is a deed, using wording like "This Deed..." or "executed as a deed".
* It must indicate that the instrument itself conveys some privilege or thing to someone.
* The grantor must have the legal ability to grant the thing or privilege, and the grantee must have the legal capacity to receive it.
* It must be executed by the grantor in presence of the prescribed number of witnesses, known as instrumentary witnesses (this is known as being in solemn form).
* In some jurisdictions, a seal must be affixed to it. Originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary.
* It must be delivered to (delivery) and, in some jurisdictions, accepted by the grantee (acceptance).

Conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments.

Deeds of conveyance

General and special warranty

In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. The precise name and nature of these warranties differ by jurisdiction. Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited to only claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a ''special warranty deed''. While a ''general warranty deed'' was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions.

Bargain and sale deed

A third type of deed, known as a ''bargain and sale deed'', implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale, or an executor.

Quitclaim deed

A so-called ''quitclaim deed'' is (in most jurisdictions) actually not a deed at all—it is actually an estoppel disclaiming rights of the person signing it to property.

Deed of trust

In some jurisdictions, a deed of trust is used as an alternative to a mortgage. A deed of trust is not used to transfer property directly. It is commonly used in some states — California, for example — to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow") for a loan. When the loan is paid off, title is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds.

Deeds as alternatives to bankruptcy

* Deed of arrangement – document setting out an arrangement for a debtor to pay part or all outstanding debts, as an alternative to bankruptcy; (Australian law).
* Deed of assignment – document in which a debtor appoints a trustee to take charge of property to pay debts, partly or wholly, as an alternative to bankruptcy; (Australian law).

Sanad

''Sanad'', also spelt as ''sunnud'', was a deed granted to the rulers of native princely states in British India confirming them in their ruling position in return for their allegiance to the British Raj.

Sanad of adoption

Since the extinction of the royal bloodline would be a ground for annexation of a principality by the British, some rulers were also granted ''sanads'' of adoption. Devised as a reward for loyalty to British rule in India, especially after the Indian rebellion of 1857, such deeds gave a ruler the right to adopt chosen heirs from local noble families in case of lack of direct issue. Among the rulers that were given sanads of adoption, Takht Singh, Jaswant Singh of Bharatpur, as well as the rulers of Nagod State, Samthar State and the Chaube Jagirs are worth mentioning.

Structure

The main clauses of a deed of conveyance are:
* Premises
** Parties clause – sets out the names, addresses, and descriptions (vendor/purchaser, grantor/grantee, transferor/transferee) of parties
** Recitals – narrates in chronological order the previous ownership of the property being conveyed, starting with the earliest deed of title down to the contract of sale the conveyance gives effect to
** Testatum – a command to witness which acknowledges the payment and receipt of the consideration and signals the beginning of the operative part; usually begins with "Now this Deed witnesseth"
* Operative part
** Operative clause – vendor gives effect to the contract of sale by conveying his interest in land to the purchaser
** Parcels clause – clause detailing the location and description of the property being conveyed
** Habendum – clause indicating the estate (freehold, etc.) or interest to be taken by the grantee
** Tenendum – "to have and to hold", formerly referring to the tenure by which the estate granted was to be held, though now completely symbolic
** Reddendum – reserves something to grantor out of thing granted, such as rent, under the formula "yielding and paying".
** Conditions
** Warranty – grantor warrants the title to the grantee
*** general: when the warrant is against all persons
*** special: when it is only against the grantor, his heirs and those claiming under him
** Covenants – binding limitations or promises
* Conclusion (or eschatocol) – execution and date
** Testimonium (Scotland: ''testing clause'') – attests to the due execution of a deed or instrument.
*** Examples:
**** England & Wales: ''In Witness Whereof, the parties to these presents have hereunto set their hands and seals''.
**** Ireland: ''In Witness Whereof the parties hereto have hereunto set their hands and affixed their seals he day and year first herein written'.
**** Scotland: ''IN WITNESS WHEREOF these presents, consisting of this and the preceding pages, are subscribed by eat laceon the ayday of onthTwo thousand and earin the presence of ame
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